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36-WP-3552-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.3552 OF 2018

BALASAHEB NARSUBA DEVKATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner : Ms. Priya Gondhalekar holding for

Senior Advocate Mr. Rajendra S. Deshmukh

AGP for Respondents no.1 to 4 - State : Mr. A. A. Jagatkar

Advocate for Respondent no.5 : Mr. S. S. Panale

…

AND

WRIT PETITION NO. 2330 OF 2018

EKNATH VITTHAL SHIRSATH AND ANOTHER

VERSUS

DIVISIONAL JOINT REGISTRAR AND OTHERS

…

Advocate for Petitioners : Mr. Ruchir Wani h/f. Mr. Nikhil S. Jaju

AGP for Respondents No. 1 and 2 – State : Mr. A. A Jagatkar

Advocate for Respondents No. 3 and 4 : Mr. S. R. Andhale

...

CORAM :

NITIN B. SURYAWANSHI, J.

DATE :

13-12-2021

PER COURT :-

Mr. S. S. Panale, learned Advocate for respondent no. 5

raised a preliminary objection, as to maintainability of the present

petition by relying on the order passed by the Co-ordinate Bench

of this Court, in Writ petition no. 5362 of 2017 (Vishwanath

Marotrao Ganjre Versus Divisional Joint Registrar and others),

wherein in similar facts it is held that, an alternate remedy of filing

revision under Section 9 of the Maharashtra Money-Lending

(Regulation) Act, 2014, is available to the petitioners.

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36-WP-3552-18.odt

The learned Advocates appearing for the petitioners in both

petitions, therefore, seek permission to withdraw the writ petitions

with liberty to avail the alternate remedy.

3.

Writ Petitions are disposed of as withdrawn with liberty as

prayed for.

4.

In both the matters, the order of status-quo is operating in

favour of the petitioners. The same shall continue up to

11^th January, 2022.

5.

The authority dealing with the Revision to be filed by the

petitioners, may consider the time spent by the petitioners in

prosecuting the proceedings in this Court.

( NITIN B. SURYAWANSHI )

JUDGE

rrd